Asked 3/1/2016 – San Antonio, TX

18 months probation for DWI >.15. I have completed 7 months, however, I’ve failed with high BrACs on my breathalyzer about once a month. And, I have missed a few blow windows due to forgetfulness. My PO filed a violation, wanting to change my probationary terms to sending me into an inpatient facility for 4 months. My TAIP evaluator and judge are in agreement, and my PO keeps trying to get me to sign off on the new terms ASAP, but I haven’t even gotten to read the document yet.

My attorney says this is ludicrous, and that I should fight the case. He says since I haven’t had any treatment whatsoever, that my PO is jumping the gun. He says I should fight for outpatient therapy and a SCRAM device. He says there’s about a 70% chance of us winning this case, but if I lose, I could, at worst, end up serving the rest of my sentence in jail.

Keep in mind, if I go to jail for 4 months, it will start this month, and I will not get to graduate with my Associates, which will set me back a year and a half in future schooling.

My attorney wants $2000 for this case. We cannot afford his $1000 downpayment upfront. He was my court appointed attorney for the original case.

Answer

Answer the threshold question: Do you want to be on probation? I know that you don’t want to be in jail or go to a treatment facility, but you are back in front of the Judge for a reason. You apparently do not want to obey the conditions of probation, you do not want to quit drinking and driving, and you do not want to change your lifestyle to accommodate the intoxilyzer on your car. Go to treatment if you want to get help for your problem. If you don’t want to change anything in your life, go for a minimum jail sentence. That’s where this will probably end up